구상금
1. The Defendant’s KRW 78,09,192 and KRW 37,489,709 among the Plaintiff and its KRW 37,489,709, respectively, shall be the Plaintiff’s KRW 40,609,247.
1. Basic facts
A. On April 1, 2009, the Plaintiff entered into a credit guarantee agreement (hereinafter “credit guarantee agreement”) with the Defendant, the representative of B, with regard to the loan amounting to KRW 50 million from the Industrial Bank of Korea (hereinafter “Corporate Bank”), setting the credit guarantee principal from April 1, 2009 to March 31, 2010. (2) On August 3, 2010, the Defendant entered into a credit guarantee agreement (hereinafter “credit guarantee agreement”) with regard to the loan amounting to KRW 50 million with the Defendant’s credit guarantee principal, KRW 42.5 million, and the credit guarantee period from August 4, 2010 to December 20, 2010.
B. (1) A corporate bank’s credit guarantee was changed into the credit guarantee principal to KRW 40.5 million and the guarantee period to March 27, 2015. (2) A corporate bank’s credit guarantee was changed to the credit guarantee principal to KRW 38.25 million and the guarantee period to December 18, 2014.
C. (1) On August 7, 2014, a credit guarantee accident occurred where the Defendant delayed the interest on loans from an enterprise bank as a collateral for the corporate bank’s credit guarantee certificate, and the Plaintiff subrogated the corporate bank to pay KRW 40,931,797 on October 7, 2014.
(2) On August 19, 2014, a credit guarantee accident occurred where the Defendant secured the credit guarantee certificate of our bank, in which the benefit of the loan from our bank would be lost. On September 15, 2014, the Plaintiff subrogated for KRW 37,885,659 to our bank.
The Plaintiff collected KRW 37,489,700 from the Defendant on September 15, 2014, and collected KRW 395,950,00 from the Defendant, and the remainder of the subrogated payment to the Bank was KRW 37,489,709. (2) The Plaintiff recovered KRW 322,550 on October 7, 2014 and recovered the remainder of the subrogated payment to the Company Bank.
E. As above, the Plaintiff’s fixed amount of damages incurred by subrogation in a corporate bank and our bank is 236 won in total, and the Plaintiff’s agreed interest rate for delay after September 15, 2014 is 12% per annum.
F. The Defendant is the Seoul Central District Court on January 12, 2015.